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The inadmissible judicial request can interrupt the prescription period
- 11/12/2018
The principle established by article 2945, second paragraph, of the Italian Civil Code establishes that the interruption of the prescription period, determined by the proposition of a judicial request, continues until the judgment is undeniable. This principle is not applicable only in case of extinction of the trial.
Nevertheless, the interruption of the prescription period has to be applied even if the judgment did not decide on merit matters, but it limited itself to defining any preliminary issues. The Italian Supreme Court of Cassation has stated in this concern in the sentence No. 29609, November 16th, 2018.
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